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NRI Legal Services Can Be Fun For Anyone

by Kelli Morrell (2018-10-23)


(15) Nor could it be contended that the impugned Act and the notifications contravened the Advocates provisions of Art. It is also the pointed contention of the learned counsel for the respondent, that Advocates the Third Closure Report was submitted on 27. 301 of the Constitution in view of the provision of Art. Advocates It Advocates has been argued on behalf of the appellant that the charge is materially defective in so far as the nature of the breach of trust, the facts constituting the breach, the exact date and manner of the breach have not been set out.

(Detailed charge is separately framed)". none others, however high placed in society as Pontiffs or Acharyas, or even other Brahmins could touch the idols, do Pooja or enter the Garba Girha. 2006 came to be vacated only on 1. 2006, whereby further investigation was ordered. 25,000 in or about February to May 1949 entrusted to him in his capacity as Managing Director of the Exchange Bank of 486 India and Africa Ltd, and belonging to the Cambay Hindu Merchants Co-operative Bank. 132, who are entitled to appeal on the strength of a certificate granted under that Article, and the ,forum in which the appeal should be lodged.

the expression "any article or class of articles relatable to any scheduled industry" used in ss. The fact that reference to Hindus in the Constitution includes persons professing the Sikh, Jain and Buddhist religions and the statutory enactments like Hindu Marriage Act, Hindu Succession Act etc. The preamble to the Act recites that the policy of the Provincial Government was "to remove the disabilities imposed by custom or usage on certain classes of Hindus against entry into Hindu temples in the Province which are open to the general Hindu public".

also embraces Sikhs, Jains and Buddhists within the ambit of the said enactments is another significant fact that was highlighted and needs to be specially taken note of. The two further contentions that remain which are enumerated above as 3 and 4, were not raised before the High Court. Exclusion solely on the basis of caste was not an issue in Seshammal(supra) so as to understand the decision in Adithayan (supra) to be, in any way, a departure from what has been held in Seshammal (supra).

In view of the above restraint order, passed by the Sessions Judge, Lucknow, no further investigation could have been carried out, after the order dated 6. The question therefore is whether the charge, such as it is, complies with the requirements of the law. 2008, when the criminal revision petition filed by the appellants was dismissed, by the Sessions Judge. 2007, whereas the interim order passed on 7.

Nohiria Ram is informed that in modification of the existing orders on the subject the Government of India have decided that while continuing to hold the extra cadre post which was originally sanctioned for the work of the I. It was submitted on behalf of the respondent, that in the revision petition filed by the appellants themselves (before the Sessions Judge, Lucknow), further investigation ordered by the Chief Judicial Magistrate, Lucknow, was stayed on 7.

We are reluctant to allow any such contentions to be raised on special leave. 2007, was a nullity in law. When confronted with the second submission, as has been noticed in the foregoing paragraph, learned counsel for the respondent pointed out, that the Third Closure Report was based on the order of the Chief Judicial Magistrate, Lucknow dated 6. 3 thereof that is the main point for determination in this appeal. 115 904 In view of this, it is unnecessary to consider the questions discussed at the Bar as to the scope of Art.

18-G was intended to regulate, its whole object being the equitable distribution and availability of manufactured articles at fair prices and not to invest the Central Government with the power to legislate in regard to sugarcane; 18-G, 15 and 16 of the Act did not refer to raw materials but only to finished products of the scheduled industries the supply and distribution of which s. It has also fulfilled the requirements of section 222(1) of the Code in so far as it has specified the securities in respect of which and the Co-operative Bank against which a criminal breach of trust had been committed.

304(b) which made it permissible for the State Legislature to impose reasonable restrictions in the public interest. The point relating to the possibility of the verdict having been the result of bias has no serious basis. It is sufficient to say that in this case no appeal, was, in fact, filed by the respondent. Parthasarathy Bhattacharya who has been referred to in the above para 12 of the report as an undisputed scholar on the subject was cited to show that apart from the followers of the 4 (four) traditions, so far as Vaishnava temples are concerned .

The charge as framed fulfils the requirements of section 221, Criminal Procedure Code, because it has mentioned the name of the offence, namely, criminal breach of trust and specified section 409, Indian Penal Code, which impliedly gives notice to the accused of every legal condition required by law to be fulfilled in order to constitute the offence of criminal breach of trust. In sum and substance, it was the contention of the learned counsel for the respondent, that the entire investigation leading to the passing of the Third Closure Report dated 27.